Session 2014 - 15
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Other Bills before Parliament


 
 

Public Bill Committee:                               

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, continued

 
 

Mr David Hanson

 

Diana Johnson

 

Phil Wilson

 

NC26

 

To move the following Clause—

 

“Independent legal guardian for trafficked children

 

(1)    

An independent legal guardian shall be appointed to represent the best interests

 

of each child who is a separated chidl and/or may be a trafficked, enslaved or

 

exploited person pursuant to this Bill if the person who has parental responsibility

 

for the child fulfils any of the conditions set out in section 17(4).

 

(2)    

The Secretary of State shall establish an independent body to be known as “the

 

Child Guardianship Service” which shall—

 

(a)    

by order set out the arrangements for the recruitment, vetting and

 

appointment of a suitably qualified independent child guardian with the

 

requisite professional qualifications immediately after a child is

 

identified as a separated child and/or a potential victim of trafficking,

 

enslaving or exploitation;

 

(b)    

by order set out requirements for the training courses to be completed

 

before a person may discharge duties as an independent child guardian;

 

(c)    

by order set out the arrangements for the supervision of persons

 

discharging duties as an independent child guardian;

 

(d)    

monitor the activities of the independent child guardians and by order

 

provide an accessible individual complaint mechanism for all children

 

under the Child Guardianship Service;

 

(e)    

by order set out the arrangements for the provision of support services for

 

persons discharging duties as an independent child guardian; and

 

(f)    

by order designate organisations as a “recognised charitable

 

organisation” for the purpose of this section.

 

(3)    

Under the supervision of the Child Guardianship Service, the appointed

 

independent legal child guardian shall be responsible at a minimum for—

 

(a)    

ensuring that all decisions relating to the child are made in the child’s best

 

interests and, where reasonably practicable, are consistent with the

 

child’s welfare after ascertaining the child’s wishes and feelings in

 

relation to those decisions;

 

(b)    

advocating for the child, if a potential trafficked, enslaved or exploited

 

person, to receive identification as such, appropriate care, safe

 

accommodation, medical treatment, including psychological assistance,

 

education, translation and interpretation services;

 

(c)    

assisting the child to access legal and other representation where

 

necessary, including, where appropriate, appointing and instructing the

 

solicitor representing the child on all matters relevant to the interests of

 

the child;

 

(d)    

consulting, advising and informing the child victim of the child’s legal

 

rights;

 

(e)    

keeping the child informed of all relevant legal and administrative

 

proceedings;

 

(f)    

contributing to the identification of a plan to safeguard and promote the

 

long-term welfare of the child based on an individual assessment of that

 

child’s best interests;

 

(g)    

providing a link between the child an various organisations who may

 

provide services to the child;


 
 

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(h)    

assisting in establishing contact with the child’s family, where the child

 

so wishes and it is in the child’s best interests;

 

(i)    

where appropriate, liaising with an immigration officer handling the

 

child’s case in conjunction with the child’s legal representative;

 

(j)    

accompanying the child to all relevant interviews, including those

 

relating to police, welfare, immigration and compensation; and

 

(k)    

accompanying the child whenever the child moves to new

 

accommodation.

 

(4)    

Section 17(1) shall apply if the person who has parental responsibility for the

 

child—

 

(a)    

is suspected of taking part in the trafficking of human beings;

 

(b)    

has another conflict of interest with the child;

 

(c)    

is not in contact with the child;

 

(d)    

is a local authority; or

 

(e)    

is in a country outside the United Kingdom.

 

(5)    

In section 17(1), an independent child guardian may be an employee of—

 

(a)    

an independent statutory body; or

 

(b)    

a recognised charitable organisation.

 

(6)    

A person discharging duties as an independent child guardian shall not discharge

 

any other statutory duties in relation to a child for whom they are providing

 

assistance under this section.

 

(7)    

Where an independent child guardian is appointed under section 17(1), the

 

authority of the independent child guardian in relation to the child shall be

 

recognised by any relevant body.

 

(8)    

In section 17(7), a “relevant body” means a person or organisation—

 

(a)    

which provides services to the child;

 

(b)    

to which a child makes an application for services; or

 

(c)    

to which the child needs access in relation to being a potential victim of

 

trafficking, enslaving or exploitation.”

 


 

Diana Johnson

 

Mr David Hanson

 

Phil Wilson

 

NC27

 

To move the following Clause—

 

“General duty to identify, assist, support and promote the welfare of victims

 

(1)    

Public authorities have a general duty—

 

(a)    

to take all reasonable steps to identify persons who are, may be, or may

 

have been, trafficked, enslaved or exploited persons;

 

(b)    

to take all reasonable steps to provide assistance and support (including

 

to refer persons to other agencies for assistance and support) on a

 

consensual and informed basis, and to promote the welfare of persons

 

who are, may be, or may have been, trafficked, enslaved or exploited

 

persons, including, as a minimum the provision of—

 

(i)    

standards of living capable of ensuring their subsistence, through

 

such measures as the provision of appropriate and secure

 

accommodation, psychological and material assistance;


 
 

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(ii)    

access to necessary medical treatment;

 

(iii)    

translation and interpretation services;

 

(iv)    

counselling and information, in particular regarding their legal

 

rights and the services available to them, in a language that they

 

can understand;

 

(v)    

assistance to enable their rights and interests to be presented and

 

considered at appropriate stages of criminal proceedings against

 

offenders; and

 

(vi)    

access to education for children;

 

(c)    

to make arrangements for ensuring that any services provided by another

 

person for the purpose of discharging the public authority’s function are

 

provided in accordance with the general duty in section 16(1) above; and

 

(d)    

to have due regard to the fact that an individual is, or may have been a

 

trafficked, enslaved or exploited person when making decisions affecting

 

that individual.”

 


 

Diana Johnson

 

Mr David Hanson

 

Phil Wilson

 

NC28

 

To move the following Clause—

 

“Establishment and function of the National Referral Mechanism (“NRM”)

 

(1)    

The Secretary of State must establish an NRM to—

 

(a)    

identify trafficked, enslaved or exploited persons within the United

 

Kingdom;

 

(b)    

provide assistance and support to a person who may have been trafficked,

 

enslaved or exploited from the time at which that person is first referred

 

into the NRM until such time as a final and conclusive determination is

 

made that they are not such a person; and

 

(c)    

ensure that the rights of such persons are protected and promoted in a

 

manner which discharges the Government’s obligations under the

 

Trafficking Convention and the Trafficking Directive regarding the

 

identification and protection of victims, including measures for

 

assistance and support including, at a minimum, the measures referred to

 

in section 16(1).

 

(2)    

The Secretary of State must, in regulations, specify the procedures to be followed

 

to implement the NRM and the procedures to be applied by the NRM including

 

to give effect to the right to a renewable residence permit provided for in sections

 

16(11) and (12) below.

 

(3)    

The regulations must provide for a right of appeal by an individual in respect of

 

a decision in the NRM process that they are not a trafficked, enslaved or exploited

 

person.

 

(4)    

A person (including a child) must give their free and informed consent to being

 

referred into the NRM before a referral is made on their behalf.

 

Additional protections - renewable residence permits

 

(5)    

A person who is determined in the NRM process to be a trafficked, enslaved or

 

exploited person shall be entitled to a one year renewable residence permit


 
 

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permitting them to remain in the United Kingdom where one or other, or both, of

 

the following situations apply—

 

(a)    

a competent authority in the NRM considers that their stay is necessary

 

owing to their personal situation; or

 

(b)    

a competent authority in the NRM considers that their stay is necessary

 

for the purpose of the person’s co-operation with the authorities in

 

connection with their investigations or criminal proceedings.

 

(6)    

A residence permit for child victims shall be issued where it is in accordance with

 

the best interests of the child and, where appropriate, renewed under the same

 

conditions.

 

Duties in relation to children

 

(7)    

The protection, assistance and support provided to trafficked, enslaved or

 

exploited children (including those to whom the presumption of age applies) in

 

accordance with the provisions in this Bill shall be at least equivalent to the

 

protection, assistance and support provided to adults, save that where other

 

legislation provides for greater protection for children that legislation shall, to the

 

extent of any inconsistency with this Bill, prevail.”

 


 

Fiona Bruce

 

Mr David Burrowes

 

Nc29

 

To move the following Clause—

 

“Identifying and supporting victims

 

(1)    

The Secretary of State shall make regulations about the arrangements for

 

determining whether or not a person is to be treated as a victim of slavery or

 

human trafficking and shall in particular make provision—

 

(a)    

about the process for the referral of potential victims of slavery or human

 

trafficking for such a determination;

 

(b)    

about the process and tests for determining whether a person should be

 

treated as such a victim; and

 

(c)    

for an individual to have access to an internal review and appeal of a

 

decision made about them under subsection 1(b).

 

(2)    

The Secretary of State must issue guidance to such public authorities and other

 

persons as the Secretary of State considers appropriate about indicators that a

 

person may be a victim of slavery or human trafficking.

 

(3)    

The Secretary of State may, from time to time, revise the guidance issued under

 

subsection (2).

 

(4)    

The Secretary of State must arrange for any guidance issued or revised under this

 

section to be published in a way the Secretary of State considers appropriate.

 

(5)    

The Secretary of State must ensure that—

 

(a)    

a person about whom a referral has been made under subsection (1)(a) is

 

provided with assistance and support in accordance with this section

 

for—

 

(i)    

if there are no criminal proceedings, ninety days,

 

(ii)    

if criminal proceedings take place, ninety days after criminal

 

proceedings are completed; or


 
 

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(iii)    

until there is a conclusive determination under the processes

 

established by subsection (1) that a person is not to be treated as

 

a victim of slavery or human trafficking,

 

(b)    

if the family of a child identified as a victim is resident in the United

 

Kingdom it be entitled to assistance and support under this section,

 

(c)    

assistance and support provided under this section—

 

(i)    

is not conditional on the willingness of the person to act as a

 

witness;

 

(ii)    

shall be provided with the person’s agreement;

 

(iii)    

shall take due account of the victim’s need for safety and

 

protection, including the opportunity to receive assistance from

 

a person of the same gender;

 

(iv)    

shall be provided to assist victims in their physical,

 

psychological and social recovery; and

 

(v)    

shall meet minimum standards for such support as shall be set out

 

by the Secretary of State by order.

 

(6)    

For the purpose of this section, “assistance and support” may include but not be

 

restricted to—

 

(a)    

appropriate and safe accommodation;

 

(b)    

material assistance, including that required by a person with special

 

needs arising from pregnancy, physical or mental health conditions,

 

disability, or being the victim of serious psychological, physical or sexual

 

violence;

 

(c)    

medical treatment, including psychological assistance;

 

(d)    

counselling;

 

(e)    

information, including on a reflection and recovery period, the possibility

 

of granting international protection and refugee status, a voluntary return,

 

welfare entitlements and accessing employment;

 

(f)    

translation and interpretation services, as required;

 

(g)    

access to education for child victims and children of victims;

 

(h)    

legal counselling, either through legal aid or other means;

 

(i)    

legal representation, either through legal aid or other means;

 

(j)    

assistance in applying for compensation; and

 

(k)    

provision of services (including travelling and other expenses) to assist a

 

victim of trafficking in human beings, and children of victims, to leave

 

the United Kingdom and to settle in a new place of residence.”

 

Member’s explanatory statement

 

This New Clause ensures the arrangements for determining if a person is a victim of slavery or

 

human trafficking are established in regulations and contain a formal process for review and

 

appeal and requires the Secretary of State to set out in guidance the indicators that suggest a

 

person may be trafficked. The New Clause sets out the clear types of assistance which a victim can

 

receive and enables the Secretary of State to establish minimum standards for the provision of that

 

support. The New Clause sets out a ninety day minimum period for which a victim can receive

 

support.

 



 
 

Public Bill Committee:                               

225

 

, continued

 
 

Diana Johnson

 

Mr David Hanson

 

Phil Wilson

 

NC30

 

To move the following Clause—

 

“Prosecutions of victims of human trafficking

 

(1)    

The Director of Public Prosecutions shall issue guidance as to the charging of

 

known or suspected victims of human trafficking.

 

(2)    

Before issuing guidance under subsection (1) the Director of Public Prosecutions

 

must consult with the Anti-Slavery Commissioner.

 

(3)    

New guidance provided under subsection (1), must be published within 12

 

months of the appointment of the Anti-Slavery Commissioner.

 

(4)    

A prosecution of a trafficked, enslaved or exploited person must be reviewed by

 

the Director of Public Prosecutions before going to trial.

 

(5)    

For the purpose of this section, a person (A) is taken to be trafficked, enslaved or

 

exploited if—

 

(a)    

a decision has been made under the National Referral Mechanism that A

 

is a trafficked, enslaved or exploited person; or

 

(b)    

no such decision has been made under the National Referral Mechanism

 

but the court determines, based on the evidence before it, that A is a

 

trafficked, enslaved or exploited person; or

 

(c)    

a decision was made under the National Referral Mechanism that A is not

 

a trafficked, enslaved or exploited person, but the court is satisfied that

 

the evidence is adduced by the defence establishes that A was a

 

trafficked, enslaved or exploited person.”

 


 

Michael Connarty

 

NC32

 

To move the following Clause—

 

“Disclosure by companies of measures to eradicate modern slavery, human

 

trafficking, forced labour and the worst forms of child labour from their

 

supply chains

 

(1)    

A company operating in the United Kingdom and having annual worldwide gross

 

receipts exceeding £60,000,000 shall disclose its efforts to eradicate modern

 

slavery, human trafficking, forced labour and the worst forms of child labour

 

from its direct supply chains for tangible goods and services offered for sale.

 

(2)    

In (1) above, the “the worst forms of child labour” are those set out in Article 3

 

of the International Labour Organisation’s Convention No. 182.

 

(3)    

The disclosure in (1) above shall—

 

(a)    

be set out in that company’s annual report,

 

(b)    

be posted prominently on that company’s internet website, and

 

(c)    

disclose to what extent, if any, the company carries out each of the

 

following—

 

(i)    

engages in verification of product supply chains to evaluate and

 

address risks of modern slavery, human trafficking, forced

 

labour and the worst forms of child labour;


 
 

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(ii)    

conducts unannounced and verified audits and inspections of

 

suppliers to evaluate supplier compliance with company

 

standards for modern slavery, human trafficking, forced labour

 

and the worst forms of child labour in supply chains;

 

(iii)    

requires direct suppliers to certify that materials incorporated

 

into the product comply with the laws regarding modern slavery,

 

human trafficking, forced labour and the worst forms of child

 

labour of the country or countries in which they are doing

 

business;

 

(iv)    

maintains internal accountability standards, supply chain

 

management and procurement systems, and procedures for

 

employees or contractors failing to meet company’s standards

 

regarding modern slavery, human trafficking, forced labour and

 

the worst forms of child labour;

 

(v)    

provides company employees and management who have direct

 

responsibility for supply chain management with training on

 

slavery, human trafficking, forced labour and the worst forms of

 

child labour with particular respect to mitigating risks within the

 

supply chains of products; and

 

(vi)    

ensures that recruitment practices at all suppliers comply with

 

the company’s standards for eliminating exploitative labour

 

practices that contribute to modern slavery, human trafficking,

 

forced labour and the worst forms of child labour, and

 

(d)    

specify whether the verifications, audits and inspections in (c) above

 

were carried out by a person independent on the company.”

 


 

Mark Durkan

 

NC33

 

To move the following Clause—

 

“Ban on importation of products produced by slavery or forced labour

 

(1)    

The Secretary of State shall have the power to ban the import at any point of entry

 

to the United Kingdom of any good, ware, article, or product mined, produced or

 

manufactured wholly or in part in any other country which has been found to have

 

been produced by slavery, convict labour or/and forced labour or/and indentured

 

labour, including child labour.

 

(2)    

The Secretary of State shall—

 

(a)    

prescribe such regulations as may be necessary for the enforcement of

 

this provision by the relevant public authority and to investigate other

 

products and supply chains related to the company or companies

 

producing or importing a product banned under subsection (1),

 

(b)    

co-ordinate with the Treasury to issue guidance to HM Revenue and

 

Customs, devolved authorities and any other relevant public authority in

 

relation to the exercise by them of their powers and responsibilities under

 

this Clause,

 

(c)    

have a duty to publish and maintain information on prohibited products

 

including a publically available list of products banned under subsection

 

(1), or


 
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